Man found not guilty of second-degree murder

STOCKTON - A man on trial for murder in the undetermined death of an elderly man was found not guilty on all counts Wednesday.

Jennie Rodriguez-Moore

STOCKTON - A man on trial for murder in the undetermined death of an elderly man was found not guilty on all counts Wednesday.

The District Attorney's Office had sought a second-degree murder conviction for Otilio Garcia, who is the last person seen with 83-year-old Robert Picetti.

Picetti's body was found in December 2012 in an Ione creek where the pair had been mushroom hunting. Picetti had been missing since Nov. 27 that year.

Picetti died of a heart attack, but because of other circumstances, the county medical examiner ruled the death undetermined.

Authorities suspected foul play, since Garcia had given conflicting statements during the investigation. Garcia also was seen driving Picetti's truck after the elder man disappeared.

Prosecutors argued Garcia caused Picetti's death by intentionally leaving him in the countryside where the elderly man suffered a heart attack. The motive: Garcia owed Picetti $180.

Testimony from a neighbor indicated Picetti, who regularly gave Garcia money for doing chores, had expressed fear of Garcia.

Deputy District Attorney Sherri Adams argued Garcia, knowing Picetti had health issues, acted maliciously and had a conscious disregard for human life. "He left him anyway," she said in closing arguments.

Would it have made a difference if Garcia stayed with Picetti?

Deputy Public Defender Rachel Voss said it wouldn't have.

"It was his time to go, and there was nothing anyone could do about it," Voss said in court. Picetti's arteries were severely obstructed, and he had advanced liver disease, according to medical testimony.

She also explained her client's inconsistent stories by saying he was easily confused. Garcia, a U.S. Army veteran, was tested by Veteran's Affairs and scored a low IQ at 65.

After about a day of deliberation Wednesday, a jury concluded there was not enough evidence to justify a conviction. They found Garcia not guilty of murder, robbery and elder abuse causing great bodily injury.

Garcia burst into tears, Voss said in a Thursday phone interview.

"Otilio Garcia is grateful for the job the jury did in reaching the verdict," Voss said. "This is a difficult and sensitive case, but the jurors were able to set aside their emotions and decide the case on the facts and law. Their hard work and dedication restores my faith in the justice system."

Garcia was released from the San Joaquin County Jail on Wednesday evening.

Contact reporter Jennie Rodriguez-Moore at (209) 943-8564 or jrodriguez@recordnet.com. Follow her at recordnet.com/courtsblog and on Twitter @TheRecordCourts.